Facts

Plaintiff Rick McNeill was driving down a rural two-lane road, approaching a construction area, when he struck a pavement roller driven by defendant Jaydee Lee Flournoy. The plaintiff sued Flournoy, the Tehama County Road Department, and Tehama County, alleging negligence.

PLAINTIFF CONTENTIONS:
The plaintiff contended that Flournoy was negligent for not yielding the right of way. The plaintiff also contended that construction signs indicated that flaggers were directing traffic ahead. However, flaggers were not on the scene at the time of the accident. The plaintiff contended that the defendants were negligent for failing to have a flagger on duty to warn of the approaching pavement roller.

DEFENDANTS CONTENTIONS:
The defendants denied negligence and asserted that the plaintiff's negligence was the cause of the accident. The defendants contended that according to statements made by the plaintiff to the police officer on the scene, the plaintiff was aware he was in a construction area, but took his eyes off the road to look at a food container on the passenger seat.

Specials in Evidence

$95,370 $104,461 $982,091 $436,799

Damages

The defendants contended that the plaintiff failed to mitigate his damages by refusing to quit smoking, against doctor's orders. The defendants also claimed that the plaintiff was not entitled to lost wages because his injuries did not prevent him from returning to work. Rather, the plaintiff was terminated for reasons unrelated to his injuries. The plaintiff did not dispute this contention. However, he argued that his injuries prevented him from working as of the date of his termination.

Injuries

The plaintiff suffered a fractured and dislocated hip and ankle, and a fractured bone in his foot, which required eight surgeries. He claimed he did not heal completely and was unable to return to work as an X-ray technician.

Result

The jury found damages of $1,117,365. After factoring the plaintiff's comparative liability, the plaintiff was awarded $653,659.

Deliberation

five hours

Poll

12-0

Length

seven days